BILL NUMBER: SB 831	CHAPTERED  10/10/99

	CHAPTER   994
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999
	AMENDED IN SENATE   MAY 18, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Baca

                        FEBRUARY 25, 1999

   An act to amend Section 51256 of, and to add Sections 51256.1 and
51256.2 to, the Government Code, relating to agricultural land.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 831, Baca.  Agricultural land.
   (1) Under existing law, the Williamson Act authorizes a city or
county, upon petition by a landowner, to cancel any contract if a
city or county makes specified findings and the landowner pays a
cancellation fee.  The act also authorizes a city or county, upon
petition by a landowner, to enter into an agreement with the
landowner to rescind a Williamson Act contract in order to
simultaneously place other land under an agricultural conservation
easement if the legislative body of the city or county makes
specified findings, including, among other things, that the proposed
agricultural conservation easement is consistent with specified
criteria.
   This bill instead would require that the land subject to the
proposed easement be within the city, the county, or the county where
the contract is canceled and that the easement be consistent with
the purposes and requirements of the Agricultural Land Stewardship
Program.  The bill would also require the legislative body to make
findings that the easement is consistent with specified eligibility
criteria and is evaluated pursuant to specified selection criteria.
The bill would make this a cancellation process, instead of a
rescission process, that is subject to additional, specified findings
and the payment of a cancellation fee.

   (2) Existing law, the Williamson Act, authorizes counties and
cities to contract with landowners to keep lands as open spaces in
exchange for reduced property taxes.  Under existing law, the county
or city may enter into an agreement with the landowner to rescind a
contract in order to simultaneously place other land under an
agricultural conservation easement if specified findings are made
regarding the agreement, the easement, and the land involved.  One
finding is that the Director of Conservation approves the agreement
pursuant to specified criteria.
   This bill would authorize one or more cities or counties to adopt
a plan to implement these recission provisions with respect to
multiple transactions within one or more specific areas located in a
designated area within the Counties of San Bernardino and Riverside
and to submit the plan to the director for approval, as specified.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 51256 of the Government Code is amended to
read:
   51256.  Notwithstanding any other provision of this chapter, a
city or county, upon petition by a landowner, may enter into an
agreement with the landowner to cancel a contract pursuant to Section
51282 in order to simultaneously place other land within that city,
the county, or the county where the contract is canceled under an
agricultural conservation easement, consistent with the purposes and,
except as provided in subdivision (b), the requirements of the
Agricultural Land Stewardship Program (Division 10.2 (commencing with
Section 10200) of the Public Resources Code), provided that the
board or council makes all of the following findings:
   (a) The proposed agricultural conservation easement is consistent
with the eligibility criteria in Section 10251 of the Public
Resources Code.
   (b) The proposed agricultural conservation easement is evaluated
pursuant to the selection criteria in Section 10252 of the Public
Resources Code, and particularly subdivisions (a), (c), (e), (f), and
(h), and the board or council makes a finding that the proposed
easement will make a beneficial contribution to the conservation of
agricultural land in its area.
   (c) The land proposed to be placed under an agricultural
conservation easement is of equal size or larger than the land
subject to the contract to be canceled, and is equally or more
suitable for agricultural use than the land subject to the contract
to be canceled.  In determining the suitability of the land for
agricultural use, the city or county shall consider the soil quality
and water availability of the land, adjacent land uses, and any
agricultural support infrastructure.
   (d) The value of the proposed agricultural conservation easement,
as determined pursuant to Section 10260 of the Public Resources Code,
is equal to or greater than 12.5 percent of the cancellation
valuation of the land subject to the contract to be rescinded,
pursuant to subdivision (a) of Section 51283.  The easement value and
the cancellation valuation shall be determined within 30 days before
the approval of the city or county of an agreement pursuant to this
section.
  SEC. 2.  Section 51256.1 is added to the Government Code, to read:

   51256.1.  No agreement entered into pursuant to Section 51256
shall take effect until it is approved by the Director of
Conservation.  The director may approve the agreement if he or she
finds that the findings of the board or council, as required by
Sections 51256 and 51282, are supported by substantial evidence, and
that the proposed agricultural conservation easement is consistent
with the eligibility criteria set forth in Section 10251 of the
Public Resources Code and will make a beneficial contribution to the
conservation of agricultural land in its area.  The director shall
not approve the agreement if an agricultural conservation easement
has been purchased with funds from the Agricultural Land Stewardship
Program Fund, established pursuant to Section 10230 of the Public
Resources Code, on the same land proposed to be placed under an
agricultural conservation easement pursuant to this section.
  SEC. 3.  Section 51256.2 is added to the Government Code, to read:

   51256.2.  (a) One or more cities or counties may adopt a plan for
implementing the provisions of Section 51256 with respect to multiple
transactions within one or more specific areas, and submit the plan
to the director for his or her approval.  The plan may be approved
only upon a determination by the director that it is consistent with
the provisions of Section 51256.  Thereafter individual transactions
shall be approved if they are consistent with the approved plan.
   (b) Notwithstanding Section 51256, this section shall apply only
to lands under contract located in the Counties of San Bernardino and
Riverside, within the area bounded by Interstate 10 on the north,
State Route 71 on the west, State Route 91 on the south, and a line
two miles east of Interstate 15 on the east, and to easements within
that area or within 10 miles of its exterior boundaries.
   (c) The Legislature finds and declares that, because of the unique
factors applicable only to the Chino Basin, a statute of general
applicability cannot be enacted within the meaning of subdivision (b)
of Section 16 of Article IV of the California Constitution.  Those
unique circumstances are that the Chino agricultural preserve is
undergoing transition from agricultural to nonagricultural uses and
the affected areas comprise more than a single jurisdiction.
Therefore, a multijurisdictional approach is necessary.
